Allahabad High Court
Paras Yadav And 3 Others vs State Of U.P. And 2 Others on 25 June, 2020
Bench: Ramesh Sinha, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 6182 of 2020 Petitioner :- Paras Yadav And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mrityunjay Dwivedi,Aditya Kumar Yadav Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Samit Gopal,J.
Heard Sri Aditya Kumar Yadav, learned counsel for the petitioners, Sri A.R.Chaurasia, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners with a prayer to quash the impugned F.I.R. dated 24.4.2020, registered as Case Crime No.80 of 2020, under Sections 323, 504 I.P.C., read with 3(1) (Da) SC/ST Act, P.S. Bisunpura, District Kushinagar.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submits that the alleged incident took place on 20.4.2020 and the F.I.R. has been lodged on 24.4.2020, but there is no explanation for the delay in lodging the F.I.R. The injuries sustained by the injured are simple in nature.The allegation levelled against the petitioners is absolutely false, frivolous and baseless.No offence is made out against the petitioners, hence, the F.I.R. is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing of the F.I.R.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners, namely, Paras Yadav, Geeta Devi, Raj Kumar Yadav, & Neeraj Yadav shall not be arrested in the above mentioned case, till the submission of the police report under section 173(2) Cr.P.C., if any before the competent Court, but shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Samit Gopal, J.) (Ramesh Sinha, J.)
Order Date :- 25.6.2020
NS